[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 179 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 179
To prevent gun trafficking.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2013
Mrs. Gillibrand (for herself and Mr. Kirk) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prevent gun trafficking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Trafficking Prevention Act of
2013''.
SEC. 2. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, 2 or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such use, carry, possession, or
disposition of the firearm would be in violation of, or would
result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, 2 or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make false statements regarding an actual buyer to
a licensed importer, licensed manufacturer, or licensed dealer,
relating to the purchase, receipt, or acquisition from a
licensed importer, licensed manufacturer, or licensed dealer of
2 or more firearms that have moved in or affected interstate or
foreign commerce; or
``(4) to direct, promote, or facilitate conduct specified
in paragraphs (1), (2), or (3).
``(b) Gift Exceptions.--Subsection (a) shall not apply to a firearm
that is--
``(1) lawfully acquired by a person to be given to another
person not prohibited from possessing a firearm under Federal
or State law as a gift; or
``(2) lawfully received or otherwise acquired by a court-
appointed trustee, receiver, or conservator for, or on behalf
of, an estate or creditor or by a person to carry out a
bequest, or an acquisition by intestate succession under the
laws of the State of residence of the person.
``(c) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(d) Definitions.--In this subsection--
``(1) the term `actual buyer' means the individual for whom
the firearm is being purchased, as described in paragraph
(1)(C); and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by such jurisdiction as a
misdemeanor and punishable by a term of imprisonment of 2 years
or less.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend
the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 932
of title 18, United States Code (as added by subsection (a)).
(2) Requirements.--In carrying out this section, the
Commission shall--
(A) review the penalty structure that the
guidelines currently provide based on the number of
firearms involved in the offense and determine whether
any changes to that penalty structure are appropriate
in order to reflect the intent of Congress that such
penalties reflect the gravity of the offense; and
(B) review and amend, if appropriate, the
guidelines and policy statements to reflect the intent
of Congress that guideline penalties for violations of
section 932 of title 18, United States Code, and
similar offenses be increased substantially when
committed by a person who is a member of a gang,
cartel, organized crime ring, or other such enterprise
or in concert with another person who is a member of a
gang, cartel, organized crime ring or other such
enterprise.
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